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HomeMy WebLinkAbout2020-06-10 - City Commission Regular Meeting Minutes City of Tamarac City Commission Minutes Wednesday, June 10, 2020 CALL TO ORDER Mayor Gomez called the Wednesday, June 10, 2020, Virtual City Commission meeting to order at 7:00 p.m. ROLL CALL Mayor Gomez, Vice Mayor Bolton, Commissioner Fishman, Commissioner Placko and Commissioner Gelin were all present. Also present were City Manager Michael Cernech, City Attorney Sam Goren, and City Clerk Jennifer Johnson. PLEDGE OF ALLEGIANCE Vice Mayor Bolton led the Pledge of Allegiance. 1. PROCEDURES FOR VIRTUAL MEETINGS City Attorney Goren reviewed the procedures previously adopted for all commission meetings conducted using communications media technology ("CMT"), and in accordance with Governor DeSantis' Executive Orders 20-51, 20-52, 20-69 and 20-112, and that each action taken this evening would require a voice vote. 2. PROCLAMATIONS AND PRESENTATIONS Caribbean Heritage Month - Requested by Vice Mayor Bolton Mayor Gomez read the Caribbean Heritage Month Proclamation for the record and stated it would be delivered to appropriate individual following the meeting. 3. CITY COMMISSION REPORTS a. Vice Mayor Bolton Vice Mayor Bolton stated, in light of the issues of racism and discrimination we have been faced with in our community and nation and the recent murder of George Floyd, Bolton took 30 seconds for a moment of silence. Following the moment of silence, Vice Mayor Bolton read an open letter to the City Commission, which is on file in the City Clerk's Office. Following his open letter, Bolton stated he hoped we could have a candid conversation about racism and discrimination in our community and on the dais. [A conversation on the dais] In a unified way, because we know the struggles and stress that I was put under by statements by his colleagues that put out statements support George Floyd and the protestors. b. Commissioner Gelin Commissioner Gelin provided a presentation which is on file in the City Clerk's Office. At the conclusion of his presentation, Gelin stated he looks forward to further discussion with his colleagues on the subject matter. c. Commissioner Fishman Commissioner Fishman stated she made a public statement on the issue of the George Floyd killing. One of the things I put in that statement were two statistics that are very telling. This first is Black Americans are 2.5 times more likely to be killed by police officers than white Americans. The other is Black Americans count for less than 13% of the population, but they are shot and killed by police at a rate that is over twice as high for white Americans. I am happy to send anybody my newsletter, statement, on this killing. I also want to take a moment to talk about a woman who passed yesterday. Senator Gwen Margolis served in for 42 years in Florida. First in the House of Representatives, from 1974— 1992. She was the first woman Senate President and in the nation in 1990. Think about that. We did not have a woman president in the Senate till 1990. She also served on the Miami-Dade County Commission, and the first woman to Chair that Commission. She went on to serve two-more terms in the Florida Senate, from 2002 —2008. Once more in 2010 —2016. She served 42 years for the people of her district and the state of Florida. She was the Senate President when the Sunshine Act was put in place. She was a mentor, role model, fighter, and a leader. She was a woman before her time, and she will be sorely missed. d. Commissioner Placko Commissioner Placko stated, watching all this on TV has left me at a loss. The hatred. No one's life should come to an end the way George Floyd's did. I have spent a good portion of the last week, listening. It was important to listen to people's thoughts. From everyone I have heard from, everyone is angry. I think now, we need to come together as a group to listen, talk and unify again. Trust has to be built. It's not there and we all know that. Everyone tonight has had excellent points, and Commissioner Gelin has put together a tremendous presentation with a lot of information. We all need to take a step back, and the discussion needs to start. We have to start talking the talk and walking the walk. I believe all of us will be in agreement this cannot continue. In 2020, I cannot believe this is still going on. It's on us to do something about it, and truly believe, the five of us working together can make a difference. I am committed to that, and we are going to have to start listening to our residents. Maybe that is putting a group of residents together, but let's start the dialogue. The time has come. This is the vital issue, and I think it is time we deal with it. e. Mayor Gomez Mayor Gomez stated she can't have herself thrown under a bus full of lies and get back on the path of working together. That was the promise made by all the Commission in 2018. All of us made a commitment to stop with certain politics and politricks. I'm not going to go through all of the spun tales, and lies, or convenient memories. I didn't call the cops twice on then Commissioner Bolton. I did speak to an office that day, when five days after the shooting at the Pittsburg temple. I am talking in a very crowded line, to a woman during Early Voting, and the commissioner screams you can't vote for her she is a white Jewish woman. Yes, I was pissed. Thankfully, the Rabbi had just gone inside. So, I wanted to know if that was considered hate speech because I did not think that was an appropriate thing to be said at early voting or anytime. So, I was pissed about that, and I asked an officer. That was it. There was another time an officer came around, but it had nothing to do with the Commissioner or anyone else. As for the continued comments about the Deluca Rolle incident. When our Sheriff was here, he clearly stated 2 of the 3 people were already removed from office. The third being called for, was being handled. My comments were not that it shouldn't be done, but out of respect for BSO and their agency, they hadn't finished doing what they needed to do. Just as our Commission would not expect anyone coming into our City Hall and telling the Commission what to do under the City's rule. So, it wasn't to defend the officers or against Mr. Rolle. There were quite a few other things said this evening, that I am just going to let go. In my opinion, it is the right thing to do. I spent my last couple of weeks, and I have been vocal about. As most people know, I am not the most social media person out there, but I am working on my social media. I have met with residents; I have had my say on social media. I attended the peaceful protest in Coral Springs and thought it was handled extremely well. I have been on Zoom calls with Mayor Scott Brook, and residents of Coral Springs and Tamarac, talking about racial issues. I was on a call last night with Congressman Hakeem Jeffries, NY, and Congressman Ted Deutch, FL, along with 653 other individuals, from several other Jewish community relations councils in Florida regarding racism, justice, and equality in America. I have been on various calls and signed up for other racial equity training sessions. Making sure that as a person who is supposed to lead a City with four other colleagues that we do this in unison. As far as some of my other comments regarding this subject, I asked for a discussion for community involved solidarity efforts against racial injustice. I am a little bit upset, so we will continue that conversation. My other items, my feelings, and thoughts on the matter, and where I would hope as a commission for a wonderful City would go. I have often spent time with food distributions, for the people of our city and other cities. 4. CITY ATTORNEY REPORT City Attorney Goren mentioned the Governor's Executive Order 20-69, authorizing a virtual quorum is due to expire, and asked the Commission provide guidance if they would like to sign on to a letter to the Governor requesting that he respectfully consider extending Executive Order 20-69 beyond June 30, 2020. Commissioner Gelin motioned to Direct the City Attorney's Office to sign on to a letter requesting the extension of virtual meetings through the end of summer. Vice Mayor Bolton seconded. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 5-0. City Attorney Goren also provided additional information about four items coming before the County Commission Tuesday that will have an effect on municipalities. Should you have any interests engaging your County Commission on the matters, we would be happy to help you with any questions you may have. Commissioner Fishman stated she was appalled by the items and they go directly in the face of Home Rule. 5. CITY MANAGER REPORT City Manager Michael Cernech stated, the City of Tamarac is continuing testing for COVID-19 through the end of July at the Tamarac Recreation Center, located at 7501 N. University Drive, Tuesday—Thursday from 9 a.m. to 4 p.m. This site has a limited capacity for daily testing and once it is reached, it will close for the day. As a reminder, please wear a mask and show ID. Appointments are not being accepted at this time. The Korean United Methodist Church located at 6501 W. Commercial Blvd. will be holding distribution events on July 11, 18 and 25 between 8 a.m. and 11 a.m. while supplies last. Food distribution will also take place at the Christian Life Center at 2699 W. Commercial Blvd. and will be held on 7/9, 7/15 and 7/20 between 9 a.m. and 11 a.m. To help our residents who are expecting financial challenges during the pandemic, the City extended its suspension of water service shutoffs through August 31, 2020. In Public Services, the City of Tamarac hosted a Household Hazardous Waste/E-Waste Recycling Event on Saturday, June 27, 2020. The event had 442 individuals drop off Household Hazardous Waste and used electronics for recycling, safe disposal. There was a 25% increase in participation compared to our last three events, where we had an average of 350 individuals on each event. Thank you to the PIO for helping spread the word. This program helps divert potentially dangerous materials from the solid waste stream and helps prevent the material from entering our canals and stormwater system. 6. PUBLIC PARTICIPATION Mayor Gomez opened for public participation and read instructions describing the public's access during a virtual meeting. Mayor Gomez asked the City Clerk if there were any comments submitted via email. Clerk Johnson read the following comments. 1) Phinneas Bluster, by email, Mike, Please watch the videos below. Hopefully you'll find them very enlightening and perhaps you'll use them as a template for guiding your decisions in the future. People like Larry Elder, Officer Tatum, Candace Owens and ABL are the future of blacks in America while you continue to live in the past. Looking forward to an intelligent reply other than you were wrongfully once arrested by a policeman who happen to be white. I too was wrongfully arrested by a policeman not because of my skin color, but because my hair was long. I moved on from that a long time ago and I hold no grudge against the police. Without them this country would go up in flames. Anyone who thinks otherwise is a fool. https://youtu.be/geCXWvKZdlk, https://youtu.be/oTOkw7cM6KU, https://wvvvv.voutube.com/channel/UCZmkvHLQu761YbW1w9FoGzQ 2) Francesca Bella, by email, new rules. 3) Ariel DuVerney Gattison, from Facebook, To. Commissioners G and B Thank you for showing our truth (Blacks/African-Americans) here in America. There are two justice systems. 4) Valerie S Stanton, from Facebook, Powerful presentations...we must hold the unions accountable for police behavior and we must remember that there are many good police officers also...more than there are bad! 5) Ariel DuVerney Gattison, from Facebook, Mayor...you should have "at least" acknowledged the matter at hand in regards to George Floyd. Being angry is one thing but you are the leader of our city and I believe some type of recognition should have been given. 6) Cathy Bivens, from Facebook, I would like to hear Vice Mayor Bolton respond to the Mayor's claims, because I don't believe her. The Mayor knocked on my door and told me she is a Democrat, I later found out she is a Republican. I notice she lies a lot. Vice Mayor Bolton. We thank you for your open letter, can you respond to the Mayor's comment? 7) Noemii Perez, from Facebook, I have a business in Tamarac, I would like to know WHY the annual fire inspection went up from $50.00 to $150.00? 8) Ariel DuVerney Gattison, from Fracebook, I have been mulling over the Mayor's statement in regards to calling/speaking to BSO about alleged words stated by Commissioner Marlon Bolton..being deemed as a possible threat...but our Mayor is an attorney...how come she did not look up the FL Criminal Law herself or ask a fellow Esquire....(looking forward to this all being addressed properly). 9) Michael DiGregio, of 8122 Prestige Commons Drive, Tamarac joined by phone, and expressed his concern watching the news, and future changes with police forces. He asked what the status of the barrier walls at Prestige Commons is, and will our taxes go up after the wall is constructed. Spring Lake, the community behind us, has still not fixed their wall following Hurricane Irma, and we would like to know when it will be repaired. Mayor Gomez stated his questions would be addressed offline by Commissioner Fishman. 10)Marla Garris, of 8312 NW 57th Place attempted to join by phone but was unavailable. Mayor Gomez asked Clerk Johnson to reach out to Ms. Garris after the meeting to determine her comments. Mayor Gomez closed public comment. Mayor Gomez recognized Vice Mayor Bolton. Vice Mayor Bolton responded to the Facebook comments and discussion between Mayor Gomez and Vice Mayor Bolton ensued. Mayor Gomez recessed at 8:30 p.m. and reconvened at 8:45 p.m. 7. CONSENT AGENDA a. TR13440 — Lenovo Laptop Purchase A Resolution of the City Commission of the City of Tamarac, Florida, approving the purchase of sixty (60) Lenovo ThinkPad X1 Yoga Gen 5 laptop computers for a total cost of 495,460; authorizing the appropriate City officials to execute all necessary documents to effectuate the intent of this resolution; providing for conflicts; providing for severability; and providing for an effective date. Commission District (s): Citywide b. TR13441 —Authorizing a Four-Week Hiatus for Mayor& City Commission A Resolution of the City Commission of the City of Tamarac, Florida, authorizing a four- week consecutive period (July 12, 2020 —August 9, 2020) during which time the City Commission will not schedule any regular meetings pursuant to Section 4.06(A) of the City Charter; providing for conflicts; providing for severability; and providing for an effective date. Commission District (s): Citywide c. TR13442 —Authorization to Submit Grant Application in the amount of$300,000 to the Florida Div. of Cultural Affairs Facilities Program and authorizing an amount of $600,000 as the City's required matching funds A Resolution of the City of Tamarac authorizing the submission of a grant application to the Florida Division of Cultural Affairs Facilities Program requesting $300,000 for the Sunset Hammock project and further authorizing an amount of$600,000 as the City's required matching funds; providing for conflicts; providing for severability; and providing for an effective date. Commission District (s): District 2 Citywide d. TR13444— Backup Storage Replacement A Resolution of the City Commission of the City of Tamarac, Florida, approving the acquisition and installation of a Dell EMC storage solution from Dell; utilizing State of Florida contract number 43211500-WSCA-15-ACS; authorizing an expenditure for an amount not to exceed $64,708.21; providing for conflicts; providing for severability; and providing for an effective date. Mayor Gomez asked the City Manager if there are any additions or deletions. City Manager Cernech stated there were no additions or deletions but asked f a member of the Commission would pull TR13441 "Authorizing a Four-Week Hiatus", to modify the date range of the four-weeks to July 19, 2020 —Aug. 16, 2020. Vice Mayor Bolton requested TR13441 —Authorizing a Four-Week Hiatus for Mayor & City Commission be pulled from the Consent Agenda. Mayor Gomez called for a motion and a second to approve the Consent Agenda as amended. Vice Mayor Bolton motioned to approve the Consent Agenda as modified. Commissioner Fishman seconded. Clerk Johnson conducted a roll call vote and the motion to approve carried unanimously 4-0. Commissioner Gelin was away and did not vote. City Attorney Goren read TR13441 title for the record. A Resolution of the City Commission of the City of Tamarac, Florida, authorizing a four-week consecutive period (July 12, 2020— August 9, 2020) during which time the City Commission will not schedule any regular meetings pursuant to Section 4.06(A) of the City Charter; providing for conflicts; providing for severability; and providing for an effective date. Discussion by the Commission ensued related to the dates of the hiatus, what is referenced in the Charter, if it was required, Commissioners being paid during the hiatus, and other potential dates for a hiatus. Vice Mayor Bolton motioned to amend the date of our[their] vacation from July 19, 2020 — Aug. 16, 2020 to Nov. 11, 2020 — Dec. 9, 2020. There was not a second, and no action by the Commission. 8. REGULAR AGENDA a. TR13438 —Capital Improvement Refunding Revenue Note, Series 2020 (Taxable) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the issuance of its Capital Improvement Refunding Revenue Note, Series 2020 (Taxable), in the principal amount of$16,620,000 at any one time, to refinance all of its outstanding Capital Improvement Refunding Revenue Note, Series 2017 (Taxable); making certain findings of paramount public purpose; providing that the Series 2020 Note shall be a limited obligation of the city payable from legally available Non-Ad Valorem Revenues budgeted, appropriated and deposited as provided herein; providing for the rights, securities and remedies for the owner of the Series 2020 Note; making certain covenants and agreements in connection therewith; and providing for severability and an effective date. Commission District(s): Citywide City Attorney Goren read the title for the record. Mayor Gomez called for a motion and a second. Vice Mayor Bolton motioned to approve. Commissioner Fishman seconded. City Manager Cernech introduced Interim Finance Director Christine Cajuste. Cajuste introduced Duane Draper of Bryant Miller Olive P.A., and Jeff Larson of Larson Consulting Services, LLC. Larson provided a presentation relative to the details of the refinancing. The presentation is on file in the City Clerk's Office. Cajuste then provided details related to closing date, costs, and total savings. City Clerk confirmed there were no comments submitted from the public. Discussion by the Commission ensued related to total savings as a result of the refinance. Following discussion, Clerk Johnson conducted a roll call vote and the motion to approve TR13438 carried unanimously 5-0. b. TR13426 — Denouncing White Supremacy A Resolution of the City Commission of the City of Tamarac, Florida, condemning and denouncing white supremacy, bias and hate in all of its forms; committing to ensuring civil and human rights are afforded to all individuals in the City of Tamarac; and reaffirming Tamarac's commitment to peace, respect, inclusivity, and equity for all; providing for conflicts; providing for severability; and providing for an effective date. Commission District(s): Citywide City Attorney Goren read the title for the record, stating this resolution was deferred from the previous meeting. Mayor Gomez called for a motion and a second. Commissioner Gelin motioned to approve. Commissioner Fishman seconded. City Clerk confirmed there were no comments submitted from the public. Discussion by the Commission ensued related to the version submitted by Commissioner Fishman, the differences and support for one or the other. Commissioner Fishman motioned to amend the approval to include the two provisions added from her submission in the resolution. The motion did not receive a second. Vice Mayor Bolton amended the motion to table the conversation for six months. Commissioner Placko seconded. Clerk Johnson conducted a roll call vote and the motion carried 4-1 with Commissioner Gelin dissenting. 9. ORDINANCES — FIRST READING None. 10. PUBLIC HEARING None 11. ORDINANCES —SECOND READING None 12. QUASI-JUDICIAL HEARING(S) None. 13. OTHER a. Protected Hairstyles Discussion requested by Commissioner Fishman related to changing the definition of protected hairstyles in the City of Tamarac's Personnel Manual. Commissioner Fishman provided a presentation related to the topic, that is on file in the City Clerk's Office. Fishman added additional information related a human rights section in our code, the proper use of pronouns, political affiliation the definition of race, etc. and provisions requiring our contractors to abide by any provisions we would have codified. Commissioner Fishman motioned to ask the City Attorney to provide language to include in the Human Resources Manual for protected hair texture, hair style as a protected part of race. The motion failed for the lack of a second. Vice Mayor Bolton motioned for the topic be brought back to a workshop when we are in person for meetings. The motion failed for the lack of a second. Mayor Gomez recessed the meeting at 9:46 p.m. and reconvened at 10 p.m. b. Discussion of community-involved solidarity efforts against racial injustice requested by Mayor Michelle J. Gomez. Discussion of community-involved solidarity efforts against racial injustice requested by Mayor Michelle J. Gomez. Mayor Gomez provided background information related to the item. Mayor Gomez asked that the Commission be unified as one with confirmation that we will commit to continue to improve racial equity in our City, using the guidelines provided as well as a letter to the City, through the City Manager, reiterating our commitment to this to our City. Also, a moment of silence to reflect about the pain, and individually commit to advance racial equity and justice. Making this world a better place for everyone to live. Discussion by the Commission ensued with regard to evaluating BSO contracts, include certain language in the contract regarding the unions, best policies, practices and procedures in the contract, hiring a police consultant, establishing our own police department, convening a Public Safety Council, resident recommendations in the BSO contract, community policing, hiring practices, the issue not being an either or, and coming together as a group to effect change, etc. City Attorney Goren clarified a fact-finding group is not a Sunshine entity, but if this group as described by members of the Commission, that would make recommendations and is a committee of the Commission, it would be subject to Sunshine. The Commission would have to direct the City Attorney's Office to draft an ordinance creating a Public Safety Committee. City Manager Cernech stated he could determine a budget and necessary staff support to effectuate the change the Commission is asking for. Vice Mayor Bolton motioned to direct the City Attorney to create a Public Safety Committee, and comeback with all the rules, responsibilities, and tool kit for moving forward. Commissioner Fishman seconded. City Clerk Johnson conducted a roll call vote and motion carried unanimously 5-0. Mayor Gomez asked for a unified Commission against racial inequality and move forward with justice together. Discussion by the Commission ensued related to respecting one another on and off the dais, not being able to approve a Denouncing White Supremacy resolution, etc. c. Discussion and direction related to guidelines for a new COVID-19 Resident Assistance Program funded by the General Fund City Manager Cemech introduced Community Development Director Maxine Calloway. Calloway provided a presentation related to the item, which is on file in the City Clerk's Office. Discussion by the Commission ensued related to having a start and stop date, publicizing the program, capturing social media hits on the program, who gets priority to the funding and if you already applied under SHIP, maximum household income being 80% AMI [average median income], potentially increasing the maximum to 140% AMI, average income of applicants so far, using current income as a result of COVID-19, ability to drop off applications in person, etc. City Attorney Goren provided remarks about the program and moving forward. Vice Mayor Bolton motioned to embrace the guidelines for a new COVID-19 resident assistance program, funded by the general fund, and there is a municipal and public purpose consistent with Chapter 166, spending public dollars, implement the program consistent with the presentation by Ms. Calloway moving forward, and making sure the application window to be accepted be one week online and in person at City Hall. Commissioner Fishman seconded. Clerk Johnson conducted a roll call vote and the motion carried unanimously 5-0. Mayor Gomez reported the BSO contract is already in everyone's email mailbox. Mayor Gomez stated Commissioner Gelin requested all elected official state Black Lives Matter. Vice Mayor Bolton, Commissioner Gelin, Commissioner Fishman, Commissioner Placko, Mayor Gomez, City Manager Cemech and City Attorney Goren stated Black Lives Matter. Finally, Gomez added she had signed Barack Obama's Pledge. There being nothing further to discuss, Mayor Gomez adjourned the meeting at 11:22 p.m. J nnifer hnson MC City Cle Mi elle J. Gom ayor None. 13. OTHER a. Protected Hairstyles Discussion requested by Commissioner Fishman related to changing the definition of protected hairstyles in the City of Tamarac's Personnel Manual. Commissioner Fishman provided a presentation related to the topic, that is on file in the City Clerk's Office. Fishman added additional information related a human rights section in our code, the proper use of pronouns, political affiliation the definition of race, etc. and provisions requiring our contractors to abide by any provisions we would have codified. Commissioner Fishman motioned to ask the City Attorney to provide language to include in the Human Resources Manual for protected hair texture, hair style as a protected part of race. The motion failed for the lack of a second. Vice Mayor Bolton motioned for the topic be brought back to a workshop when we are in person for meetings. The motion failed for the lack of a second. Mayor Gomez recessed the meeting at 9:46 p.m. and reconvened at 10 p.m. b. Discussion of community-involved solidarity efforts against racial injustice requested by Mayor Michelle J. Gomez. Discussion of community-involved solidarity efforts against racial injustice requested by Mayor Michelle J. Gomez. Mayor Gomez provided background information related to the item. Mayor Gomez asked that the Commission be unified as one with confirmation that we will commit to continue to improve racial equity in our City, using the guidelines provided as well as a letter to the City, through the City Manager, reiterating our commitment to this to our City. Also, a moment of silence to reflect about the pain, and individually commit to advance racial equity and justice. Making this world a better place for everyone to live. Discussion by the Commission ensued with regard to evaluating BSO contracts, include certain language in the contract regarding the unions, best policies, practices and procedures in the contract, hiring a police consultant, establishing our own police department, convening a Public Safety Council, resident recommendations in the BSO contract, community policing, hiring practices, the issue not being an either or, and coming together as a group to effect change, etc. City Attorney Goren clarified a fact-finding group is not a Sunshine entity, but if this group as described by members of the Commission, that would make recommendations and is a committee of the Commission, it would be subject to Sunshine. The Commission would have to direct the City Attorney's Office to draft an ordinance creating a Public Safety Committee. City Manager Cernech stated he could determine a budget and necessary staff support to effectuate the change the Commission is asking for.